United States v. Shipley
Opinion of the Court
MEMORANDUM
Harold Shipley appeals the 96-month sentence imposed following his consolidat
Shipley contends that the district court erred by denying him an additional offense-level reduction in addition to the two-level reduction for acceptance of responsibility pursuant to U.S.S.G. § 3El.l(b). We disagree. Because Shipley’s post-arrest false statement did not relieve the government of the burden of investigating the case, he did not provide complete information to law enforcement in a timely manner.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. Because the burden is on Shipley to prove that the district court’s finding was clearly erroneous, the government's failure to address this argument does not constitute waiver and require reversal. See United States v. Hopper, 27 F.3d 378, 381-822 (9th Cir. 1994) (reviewing for clear error the district court's withholding of an additional one-level reduction).
Reference
- Full Case Name
- United States v. Harold SHIPLEY, aka Kaseem Alim Shipley
- Status
- Published